Justice for Alex

Pre-trial Hearing II

2009-05-17T11:56:00.000-07:00

The pre-trial hearing is now scheduled for Friday, June 12. More information should start to become available after that hearing.

Justice delayed

2009-01-31T05:44:00.000-08:00

The Nebraska Supreme Court has ruled on the outcome of the trial. The ruling can be found here. There are also a variety of local news sources carrying the simplified version of the ruling.
At this point, our understanding is that information about new dates will be available in about 2 weeks. I'll update when I know more.

Life. No parole.

2006-12-22T21:29:00.000-08:00

This morning, the daycare provider's attorney offered comments on her behalf and then requested that the judge consider probation for her. Then the judge heard my comments and those of the deputy county attorney. He completed the proceeding with comments of his own and then issued the daycare provider a life sentence without the possibility of parole.

The defense attorney has made it clear that he intends to file an appeal.

Date change

2006-12-07T19:09:00.000-08:00

I have been advised that the date for the sentencing hearing has been changed to December 22 at 9:30am.

One year

2006-12-05T18:37:00.000-08:00

One year ago today, we found ourselves in the hospital, our baby boy fighting for his life. It does not seem right to let this day pass without a Thank You to everyone of our family and our friends who have been so supportive this year. Nothing we could ever say could repay some of the kindnesses we have been shown this year. Thank you.

Two months ago today, the daycare provider was found guilty by the judge in a bench trial. The sentencing is scheduled for Friday, December 15.

Pre-Trial Conference Outcome

2006-08-16T16:49:00.000-07:00

At the pre-trial conference today, the daycare provider's lawyer informed the judge and the prosecuter that the defendant intends to plead guilty to the charge of Felony Child Abuse Resulting in Death.

The date for the defendant to enter her plea has been set for September 28.

The judge's decision

2006-08-02T17:40:00.000-07:00

I got a call from the County Attorney's office today letting me know that the judge has made his decision and that he has found the defendant's statement to the investigators to be admissible. At this time, I have not read the decision, so I don't have any other details to report.

Since this was the last of the pre-trial motions filed, the next step is a pre-trial conference between the attorneys and the judge. That is scheduled for the afternoon of August 16.

As always, I will post updates here when I have them.

Back to court...and more waiting

2006-05-30T19:42:00.000-07:00

The suppression hearing was this morning, but it will be over a month before we know the outcome.

Here is the link to the story as it is being covered by a local station.

It states in the story that the daycare provider was in court today, but, for the record, she was not there.

The county attorney called to the stand both of the sheriff's deputies who interviewed the daycare provider on December 7. The second deputy, who was doing the interview for the portion that is being challenged, gave a very clear explanation for why she decided to continue talking.

In lieu of closing arguments, the county attorney will file a brief. The defense attorney will be out of town for 3 weeks in June, so he will respond the the brief when he returns. His deadline is July 8th. The judge's decision will come after that, but there is no way to predict when that might be. When I have updates, I will put them here.

We would like to take this opportunity to again thank our family and friends as well as those we have never met who continue to keep us in your prayers. Your support and love and your hugs and phone calls mean so much to us. Thank you; we love you.

Happy Birthday, Baby. We miss you.

2006-05-24T06:28:00.000-07:00

Love,
Mommy and Daddy and Caleb

Delay

2006-04-24T17:27:00.000-07:00

Today was supposed to be the hearing about suppressing the daycare provider's statement to the investigators. Instead, the defense attorney filed a new motion requesting that the judge order the prosecutor's office to pay the fees to transcribe the videotaped statement.

In addition, the defendant waived her rights to both a speedy trial and appearance at hearings. Her attorney stated that her pregnancy has become difficult and may require her hospitalization. She stated in court today that her expected due date is July 20.

The next hearing, the suppression hearing that was originally scheduled for today, has been set for May 30.

Thank you again to everyone who has been supporting us and praying for us. Your concern and love has been so comforting to us.

Thank you for coming

2006-03-24T11:36:00.000-08:00

On Monday December 5, 2005, my six-month-old son was Life Flighted to a trauma center after suffering injuries at the home of his daycare provider. He was operated on for a brain injury, transferred to a children's hospital and lost his battle on December 8.

His daycare provider has been arrested and charged with Felony Child Abuse Resulting in Death, a class 2 Felony. The story was thoroughly covered in the local press, so I will not review the details here.

Today was the first pre-trial hearing, an attempt to quash the charge on the grounds that the penalty for the offense, 20 years to life in prison, violates equal protection under the law and is therefore unconstitutional. This morning, the defense attorney explained his argument, the county attorney presented her rebuttal, and the judge denied the motion after considering both sides.

The next step is another hearing, scheduled for Monday April 24, to hear the defense's argument that the defendent's statement should be suppressed.

My family and I would like to thank our families, our friends, and the members of our community for the remarkable ways in which they have shown us their love and support in some of the most amazing ways. Some of you will never know just how much comfort you have brought to us.

From the bottoms of our hearts, thank you.